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HomeMy WebLinkAboutCC Resolution 8021 (503 Bret Harte Rd)RESOLUTION NO.8021 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL GRANTING AN EXCEPTION TO ALLOW A SECOND DWELLING UNIT WHICH EXCEEDS 40% OF THE SIZE OF THE MAIN DWELLING UNIT (503 Bret Harte Road) WHEREAS, Section 14.16.025a.(6) allows for granting of exceptions to the size restrictions for second dwelling units by the City Council; and WHEREAS, a request for an exception to allow a second dwelling unit equaling 44% of the size of the main unit was submitted in conjunction with UP87-81 for property located at 503 Bret Harte Road; and WHEREAS, the San Rafael Planning Commission reviewed and approved UP87-81 on July 25, 1989, and unanimously recommended that the City Council grant an exception to allow the second dwelling unit size to exceed 4070 of the main dwelling unit; and WHEREAS, the City Council reviewed all elements of the exception request at a duly advertised public meeting on August 21, 1989. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby grants an exception to allow the second dwelling unit size to exceed 40% of the main dwelling unit based on findings as follows: (1) The proposed second dwelling unit is consistent with the General Plan land use designation of low density residential, typical of developed single family residential areas, and subdivision of the property to allow additional units on the subject site would not be consistent with the Zoning Ordinance. (2) The establishment of the unit will not, under the circumstances, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons in the neighborhood or to the general welfare of the City. The proposed use, as modified by the conditions of approval, is incidental to the primary residence and provides all required on-site parking. The project is consistent with applicable sections of the second dwelling unit. Exception (3) There are exceptional circumstances which apply to the subject parcel in that the proposed second unit would be in a converted existing lower level floor area, constructed prior to the second dwelling unit ordinance. In addition, it is not practical or necessary to convert a portion of lower floor to main unit to meet the intent of the second unit ordinance. ORIGINAL Soar RESOLUTION NO. 8021 (4) Strict interpretation of the second dwelling unit ordinance square footage limitations would create a substantial hardship for the property owner in that significant interior and exterior modifications would be required to reduce the unit size to 400 of the main dwelling unit. (5) Granting the exception request would not adversely affect the health and safety of persons in the area and will not be detrimental to the public welfare or injurious to the property in that the lower level of the residence and the living unit have existed for approximately 23 years and the structure is not being enlarged. BE IT FURTHER RESOLVED that UP87-81 is approved with the conditions listed in Exhibit A which is attached and made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on Monday , the 21st day of August , 1989, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Frugoli, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Mulryan O JEA �M. LEONCINI, City Clerk EXHIBIT A CONDITIONS OF APPROVAL: Fire Dept. (a) A fire hydrant, type Jones 3740, shall be installed within 150 ft. from the structure, spotted by Fire Marshal and capable of supplying required fire flow. (b) Due to wildland fire hazard area, a fire retardant roof covering is required. (c) In lieu of (a), above, an automatic residential fire sprinkler system shall be installed conforming to NFPA Standard No. 13D and the nearest fire hydrant designated by the Fire Marshal shall be upgraded to a Jones 3740. (d) UL/SFM smoke detectors required per UBC Chpt. 12. (e) Post address to conform to Fire Dept. Std. 205. Planning Department (f) This use permit is granted for a 760 sq. ft. second dwelling unit to include one bedroom, living room, kitchen and bathroom, as shown in the plans of file in the Planning Department. (g) The second unit may be leased or rented but not sold or subdivided for the purpose of individual sale of the units. (h) Either the second unit or the primary unit must be owner occupied unless an exception is granted pursuant to San Rafael Zoning Ordinance. (i) Within 14 days of City Council approval, a site plan showing a 9' X 19' parking stall, as depicted by page 2 of Planning Commission Staff Report exhibit dated July 25, 1989, shall be submitted to the Planning Department for approval. Construction of the parking area shall be completed within 60 days of City Council approval. Failure to complete the work will result in the revocation of use permit and abatement of the unit. (j) Within 30 days of the completion of the parking area, the findings and conditions of this use permit shall be recorded with the County of Marin so that subsequent owners of the property will have knowledge of the terms under which the second dwelling unit may legally be occupied. The applicant shall provide written proof of the recordation to the Planning Department by November 1, 1989. Failure to do so will cause revocation of this approval and may lead to the abatement of the second unit. (k) This use permit is approved for one year, or until July 25, 1990, and shall become null and void if a building permit is not issued.